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Westchester Child Support Attorney Archives

Q: Is there a limit to how much a person has to pay in child care?

Q: I pay around $2100 a month for child support and pay 82% of childcare. It comes out to $200 a week for a morning sitter and $35 a day for an after school program ($75 a day). She works before school for 3 hours and 2 hours after school but is home all day. I also pays 50% of all activities. I am left with around $250 a week to live on. This just does not seem fair. Can anything be done? 

Q: In White Plains Family Court is a decree only for the non-custodial parent to obey?

Q: Hello, Thank you in advance for your assistance. Our decree states we are both obligated to $750 per child per year for extracurricular activities and we both need to agree on activity, we have 2 boys.
2019 - We agreed to karate and I signed the contract for 12 monthly payments -I paid for both children and spent $4,200 -her half was $1,500 ($750x2) which I filed a petition as she refused to pay. Ex-wife even added her email with Karate office as a recipient and received monthly receipts I was paying.
Ex-wife enrolled one child into dance which we didn't agree but she enrolled him anyway. She claims she spent $4,000. Our 2nd child she spent $0 for 2019.
White Plains Family Court- ruled in her favor, dismissed and denied my petition and said because she contributed money towards the other activity already.
In White Plains - Is a decree only for the non-custodial parent to obey?
Is it known for the Family Court Support Magistrates to be prejudice? 

Q: Family Court ordered to exchange financial affidavit within 10 days. My ex never sent me his affidavit?

You should write a demand letter to your ex confirming you never received the FDA. If he still doesn't serve it, then you may move for dismissal/preclusion. That said, the Court directs advance production of financial disclosure to give you a fair opportunity to review it prior to the hearing. Schedule a consult with a Westchester Child Support attorney for a full assessment. 

Q: Can a parent still be responsible for a child after 21 years of age and the child is in college?

A: It depends on whether you had a prior written & valid agreement to do so (e.g., a divorce settlement agreement). if you, did, then your agreement will likely govern. It not, then you won't be responsible. Schedule a consult with a Westchester Child Support attorney for a full assessment. 

Q:Can a child support arrears be added back on after you waived them?

A: It depends on how you did it. If you orally waived, or did so otherwise outside of court, then most likely it's unenforceable. If you waived before a Judge/Magistrate & assuming the waiver was done properly & reduced to a court order, then most likely you cannot retract that now. Schedule a consult with a Westchester Child Support Attorney for a full assessment. 

Should i cancel the child support order?

Q:Child support is only mandating the father pay $25 per kid a month we have 2, so that 50 he doesn't even keep up with because he doesn't like being mandated by the court & he swears he would do more if he wasn't obligated. My expenses are way over 50 a month i really cant do anything with that anyway should i just take him off? 

Original divorce agreement stated that we are deviating from income requirement for child support ?

Q: that was in July 2018, ex reports very low income (35K, dentist, and signed for 7,200 child support), in Nov 2018 he went to court requesting adjustment to 3K, and he adjusted income to 130K, and I agreed. Now he is taking me to court requesting adjustment based on new tax returns claiming 106K....Can the deviating from income still stand? to require him to still pay the 3K (I had a verbal agreement with him at the divorce to not request alimony, and I was tricked into this)....I have an email from him to my lawyer, saying that he keeps reported income law and have the business pay for his expenses to avoid paying too much taxes..and I have emails from him telling me that if I don't reconcile that 3K will not last and that he will change his tax returns...can any of that be used? 

Is there a limit to how much a person has to pay in child care?

Q: I pay around $2100 a month for child support and pay 82% of childcare. It comes out to $200 a week for a morning sitter and $35 a day for an after school program ($75 a day). She works before school for 3 hours and 2 hours after school but is home all day. I also pays 50% of all activities. I am left with around $250 a week to live on. This just does not seem fair. Can anything be done? 

Can my ex become the non custodial parent if I am now making more money and have 50/50 custody in NYS?

Q: My ex-husband just petitioned to dismiss his weekly obligation and receive child support since he learned that I now make more than him. When our original child support order was decided in 2014, I was making $42,000 and he was making $55,000. I now have a better paying job and is making $11,000 more than him. Can my increase in income cause me to pay him child support? We have a true 50/50 custody schedule and I'm worried that I will no longer receive child support and pay him instead! Can this really happen?

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